USPTO Patents Application 10560023

Attorney Docket No.: 76303-003US I
Client Ref. No.: OPP053249US

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant : Sun-Uk Kim et al. Art Unit : 1791

Serial No. : 10/560,023 Examiner : Erin Lynn Snelting

Filed : December 8, 2005 Conf.No. : 1005

Title : Method For Fabricating A Porous Silica Sphere

Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

DECLARATION OF SUN-UK KIM UNDER 37 C.F.R. § 1.132

I, Sun-Uk Kim, hereby declare that:

1 . I received a Ph.D in Ceramics from Alfred University in 1 986, and I held a
Post Doctoral position with Alfred University from 1986 to 1987. I have been a research
scientist at the R1ST (Research Institute of Industrial Science & Technology) in Korea since
1987. During the meantime I was a visiting researcher at the MRL (Materials Research
Laboratory) in the Penn State University.

2. I consider myself an expert in the field of ceramic processing, especially sol-
gel processing method, glass since my Ph.D. thesis was on die sol-gel processing of silica
- titania system and my M.S thesis on the ion-exchange mechanism of alumino-silicate
glasses.

3. I am an inventor of the subject matter described and claimed in the above-
identified application.

4. I understand that an Office Action dated February 26, 2009 is outstanding in
the present application, in which claims 1, 2, 4, 6, and 7-9 are pending and under
examination. I also understand that claims 1 and 6, the only independent claims among
them, each cover a method for fabricating a porous silica sphere.

1

Attorney Docket No.: 76303-003US 1
Client Ref. No.: OPP053249US

5 . As shown below, I or others performed the following two experiments which
show that the methods of claims 1 and 6 exhibit unexpectedly superior features when
compared to the methods described in the cited references:

Attorney Docket No.: 76303-003US1
Client Ref. No.: OPP053249US

I. Silica gel prepared using a non-rotary furnace during heat treatment and a
temperature increase speed of l°C/minute to 2°C/minute.

Silica gel was obtained using the following procedure: Silica gel particles having
a size over 1 0 mesh were heated at the temperature of 1 1 00 "C at a rate of 1 20 °C per hour
up to 1 100°C in the non-rotary furnace. The temperature of 1 100°C was maintained for
one hour and then cooled down to the room temperature.

Figure 1 . Visible failure of silica gel to properly foam to form spheres due to usage of a
non-rotary furnace.

Figure 1 shows silica gel thus prepared. As can be seen in Figure 1 , without the
use of a rotary furnace, it is very difficult to transfer heat into the silica gel due to the
adiabatic effect of already foamed silica gel spheres, which insulate the interior silica gel
from reaching the appropriate temperature. As such, die interior silica gel failed to foam.

3

Attorney Docket No.: 76303-003US 1
Client Ref. No.: OPP053249US

II. Silica gel prepared using a non-rotary furnace during heat treatment and a
temperature increase speed of l°C/minute to 2°C/minute up to 1150°C with
holding time of 1 hour.

Silica gel was obtained using the following procedure as indicated above.

Figure 2. Visible clumping of silica gel using a temperature increasing speed of 2°C/min

Figure 2 shows silica gel thus prepared. As can be seen from this figure, after
heat-treating silica gel using a temperature increase of 2°C/min, part of the silica gel was
over-foamed and clumped together after heat treatment at 1 150*0 which was higher
temperature than that of Fi gure 1.

6. All statements made herein of my own knowledge are true and that all
statements made on information and belief are believed to be true; and further that these
statements were made with the knowledge that willful false statements and the like so
made are punishable by fine or imprisonment, or both, under Section 1 00 1 of Title 1 8 of

Aiioiiicy Docket No.: 7M0.MKBUSI
Client Rcf. No.: OPP0532 !9US

the United States Code and thai such willful false statements may jeopardize the validity
of the application or any patent issued thereon.

P.cspectfiiliy-SubTifuted,

/ ii'u, in. Kim !\i vMich s< (enlist,

Address: 9-101, Kyosu Apt., Jigok-
dong, Nam-k.ii> Pohang-city,
I .i n; sangbuk-do, Korea